Family Law

Monday, October 10, 2016

Motorcyclist wins verdict over school-bus company

A
man who alleged injuries after a bus backed into his motorcycle will receive
nearly a quarter million dollars in damages. “I
think that the jury felt that the testimony of the plaintiff’s treating doctors
was credible and returned a verdict accordingly,” said Jason Roth of Copley
Roth & Davies.

Roth
represented plaintiff Michael Henry in his suit regarding the 2009 incident in
Cass County in which a full-sized school bus reversed after coming to a halt at
a four-way stop, apparently to give other traffic room to turn. However, the
40-foot vehicle collided with Henry’s Harley-Davidson which had come to a stop
behind it. The plaintiff fell off his bike and rolled, alleging neck and
shoulder issues.

Both
liability and the cause of the injuries were disputed in the matter, Roth said.
Defendant Apple School Bus contended that Henry had stopped in a blind spot,
which was out-of-range of the larger vehicle’s mirrors, he said. However,
the plaintiff argued this was irrelevant since the bus driver had a duty to
make sure the way was clear before backing up. “Who
has a better understanding of the blind spots on a school bus, the school bus
driver or a motorcycle rider?” he asked.

He
said that the defense also argued that the bus moved slowly and Henry could
have avoided contact with it, however Roth countered that his client had
neither the time nor the space to do so. “We
always thought that was nonsense,” he said. “It’s a two-lane road. He’d
basically be pulling into oncoming traffic on the left side of the bus. If he
went to the right, he’d be going into a ditch.”

The
injuries themselves were also an issue. Henry sought no medical assistance at
the scene but in the days following the incident visited his primary care
physician who diagnosed him with a cervical strain, Roth said. A regimen of
conservative treatment, including physical therapy, followed. However, nearly
two years passed before another physician diagnosed cervical dystonia and
ordered regular injections of Botox.

Roth
said the defense argued that Henry had a 25-year history of neck problems and
that his involvement in a subsequent accident, in which a tree fell on him
causing a punctured lung and numerous broken bones could be responsible for his
troubles. “The
medical records certainly suggested he had a preexisting condition in his neck
but he hadn’t sought any specific medical treatment for it,” said Roth. “He
certainly had not ever been in such a state where he required Botox injections
every four months.”

The
jury eventually awarded $275,000 in damages but reduced the figure by 10
percent based on allocation of fault.

Roth
listed Michael D. Matteuzzi and Matthew J. Brooker of Matteuzzi & Brooker
as representing the defense in the matter. Neither returned a request for
comment.

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